There are certain evidentiary presumptions that apply to these agreements. Pre-nuptial and/or Post-nuptial agreements have presumptions that are rebuttable and may be ruled invalid or partially invalid. Divorce court judges are often called to rule on the validity of these agreements.

When two people are the possible biological parents of a child, California law presumes that when those people are married or domestic partners, the husband is the father and the wife is the mother. In fact, even if a marriage is not valid, a man will be presumed to be the father of a child if he attempted to marry the mother. He will also be presumed the father if he married the child’s mother after the baby was born and agreed to have his name on the birth certificate. If someone welcomes a child into his home and acts as if the child is his own, the court can find the man a legal father even if he is later found not to be the biological father in a process called “paternity by estoppel.”

Paternity can be established two ways when parents of a child are not married. The first way is for both parents to sign a voluntary Declaration of Paternity. The second way is to ask the court for an order. Although the latter are commonly called “paternity” cases, there are instances in which a mother may need to establish parentage as well. At Brown Dahan, we can help you bring a Complaint to Establish Parental Relations, which can initiate a court case to establish parentage for either parent.

Why is Establishing Paternity Important?

Establishing legal paternity or parentage can be critical to a child’s well being over time. A court will only order child custody, child visitation, or child support if parentage is established. When one parent does not admit parentage, the court can order the person to submit to genetic testing to make a determination. If the father of a child has not been married to the mother, but knows he is the biological father, he doesn’t have rights (or responsibilities) to the child until he has his paternity established by law.

What Happens After Paternity is Legally Established?

A parent who has legally established parentage can request custody or visitation from the court. He or she also becomes responsible for supporting the child or children financially and emotionally. For example, if the custodial parent must get a job or go to school, both parents will assume equal responsibility for the childcare costs. Conversely, unless a will or trust is written that specifies otherwise, a child will inherit from a parent only if the parentage is legally recognized.

Once paternity is established, a child is also entitled to legal documentation identifying his or her parents, access to family medical records and history, health and life insurance from either parent, and the right to receive social security benefits if they are available. The court may also make orders for child support, reimbursement of pregnancy and labor expenses, and health insurance.